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Archive for August, 2011

Friday, August 26th, 2011

Regulatory reforms should open up contracting opportunities for minorities and women at federal regulatory agencies and at the financial institutions they regulate, according the Federal Housing Finance Agency.

Representatives from the FHFA and the Federal Deposit Insurance Corp. participated in a Friday teleconference organized by the National Association of Women REO Brokerages about Section 342 of the Dodd-Frank Act.

Section 342 established the creation of offices of minority and women inclusion, or OMWI, at all federal regulatory agencies that oversee the financial industry. That includes establishing diversity procurement procedures at the agencies.

But Section 342, born in the wake of the nation's financial crisis, goes beyond that, allowing the regulatory agencies to assess the diversity practices at the institutions they regulate, said Lee Bowman, associate director of minority and women inclusion for the FHFA.

"These offices are designed to create a ripple effect throughout the industry to be responsible not only for our own agencies but to have some influence over what the agencies we regulate are doing in this area as well."

The FHFA, for example, last month received preliminary reports from Fannie Mae, Freddie Mac and the federal home loan banks that it regulates on their current diversity and procurement practices.

During September and October, it will meet with each entity to discuss current practices and proposals for minority and women inclusion for 2012. Thereafter, the agencies will be reviewed on their plans annually, Bowman said.

Mickey Collins, director of minority and women inclusion at the FDIC, said the Dodd-Frank Act doesn't give contract set-asides to women and minorities. Instead, it is meant to level the playing field to give women-owned and minority-owned businesses equal access to go after federal and financial institution contracts.

While some federal agencies have had supplier diversity functions prior to recent financial industry reforms, they often operated in a silo, he said.

"Dodd-Frank should cause all agencies to work better together in their efforts to attract women and minorities to federal contracting work," Collins said.

"For the agencies that had not had programs in place, (Dodd-Frank) will give them some ammunition to really go out and put some things in place that will raise their profile and raise their commitment and their involvement with minority and women-owned businesses."

Creation of the OMWI offices should make it easier for small businesses to know who is performing what function at the different agencies, Bowman and Collins said.

FDIC was one of the first federal agencies to notify the public about the formation of its OMWI department — in part because the agency already had an office set up to handle equal opportunity issues prior to Dodd-Frank's enactment.

The agency has averaged, since the 2008 financial crisis to the present, nearly 12% of its contracts going to women-owned entities, he said. That equates to about 14% of the funding — $231 million over over three and a half years, Collins said. "It's gone up and down over those years. When the financial crisis kicked off at the end of 2008, we knew that the next couple years would be pretty hot and heavy."

When minorities are added in, nearly 30% of contracting dollars went to women and minorities during that time span, he said.

The FHFA, meanwhile, recently put out a request for information on how to dispose of vast inventories of REO properties going forward. This may provide ample opportunities for women and minority-owned businesses to get involved, Bowman said.

REO brokerages, especially, may have ideas on how to more effectively move the logjam of properties, Bowman said.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Friday, August 26th, 2011

Financial analysts with the Aite Group say a complete dismantling of Fannie Mae and Freddie Mac would thrust regulated banks and credit unions into a world where finding capital to lend is virtually impossible, completely revamping the mortgage finance landscape.

"For most banks and credit unions, a world without Fannie and Freddie would thrust responsibility for securitizing mortgages back to the originator," Aite Group analysts said in their latest research note.

Aite describes the fundamental shift that would come with such a change as one that would essentially end the Baby Boomer era – where consumers had more financing options – to one where there are few alternatives with Fannie and Freddie no longer securitizing mortgages. To date, the $11 trillion U.S. residential mortgage-backed securities market is still shaky, the research paper notes.

"Let’s for a moment imagine Fannie and Freddie gone," the Aite Group asked rhetorically. "There are approximately 16,000 banks and credit unions in the United States. Where do they find the capital to lend to their customers the funds to buy homes? Does each institution have the capacity to (profitably) keep on its shelf all the mortgages its customers require and simultaneously maintain compliance with all capital risk mandates? It is unlikely."

The Aite Group says alternatives to Fannie and Freddie simply do not scale and with many of the large mortgage companies gone, credit unions and certain banks would have no alternatives in the secondary market.

"Uncertainty concerning the survival of the two leading outlets for residential real-estate loans for federally regulated institutions—the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac)—seems to have quashed hope for a thriving home market in the near term," the study concluded.

Write to: Kerri Panchuk.

Friday, August 26th, 2011

The National Association of Realtors is using Hurricane Irene as a backdrop to push Congress to extend the National Flood Insurance Program, which is set to expire Sept. 30.

The hurricane warning became the first for the heavily populated New York City area since Gloria in 1985, a Category 2 storm.

Hurricane Irene, also a Cateogry 2, poses the potential for extensive flooding in NYC, including the financial district in Manhattan. As much as 10 inches of rain is expected along parts of the East Coast.

The threat along the very populated Eastern seaboard, with large cities like Boston, Philadelphia, New York and Washington, D.C., all at risk for flooding, underscores the importance of flood insurance — the only way for homeowners to financially protect their property or businesses from flood damages, NAR said Friday.

Hurricane damage from water is only covered by flood insurance, which must be purchased separately through the National Flood Insurance Program. The real estate industry wants the program extended.

"As the leading advocate for homeownership and housing issues, NAR believes that the NFIP is essential to a properly functioning real estate market, ensuring access to affordable flood insurance for millions of homeowners," said NAR President Ron Phipps, broker-president of Phipps Realty in Warwick, R.I.

NAR wants Congress to reauthorize the program for five years before it expires. It has been extended via short-term provisional fixes over the past several years.

In July, the House passed HR1309, the Flood Insurance Reform Act of 2011, which would extend the program for five years, but the Senate has not yet considered the measure.

"We strongly urge Congress to speed passage of legislation to reauthorize the NFIP for the long term and end the current stopgap approach that has already led to numerous extensions and lapses of program authority in the past two years," Phipps said.

NAR also called on Congress to develop a proactive national policy to reduce natural disaster risk beyond floods, so that homeowners have access to affordable, comprehensive property insurance, and taxpayers no longer have to fund rebuilding efforts through federal disaster assistance.

The American Land Title Association also is pressing for continuation of the NFIP.

But at least one congresswoman is interested in scrapping the NFIP altogether.

Rep. Candice Miller (D.-Mich.) unsuccessfully pushed an amendment to House Resolution 1309. She said the government should end the NFIP altogether since it's $19 billion in debt and a crutch that "encourages people to build in flood prone areas that repeatedly flood."

HR 1309 comes with reforms of the program to improve its stability after it was battered by losses after Hurricane Katrina in 2005.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Friday, August 26th, 2011

Amy Brandt, CEO of Vantium Capital, is known in the housing economy for leading the development of the first, automated underwriting decisioning system, WMC Direct.

Brandt's career has taken her from WMC Mortgage Corp., where she rose to the position of CEO, to Vantium Capital, an Apollo portfolio company based in Irving that provides specialty servicing, loss mitigation and mortgage debt recovery services.

Brandt is one of a handful of distinguished women working in the housing economy profiled in the September edition of HousingWire.

Brandt recently sat down with HousingWire to discuss the future of the mortgage finance space.

To learn more about Brandt and other women profiled in the Influential Women of the Housing Economy special edition, click here to subscribe.

Write to: Kerri Panchuk.

Friday, August 26th, 2011

Private equity funds this year are looking to raise $1.8 billion in aggregate commitments for industrial-focused real estate funds, a number that, if achieved, would be the most raised in this sector since at least 2006, according to a research note.

Most of that capital is destined for the U.S. industrial property market, as five of the eight funds are U.S.-focused, and they are seeking $1.3 billion, according to the report from real estate research analyst Farhaz Miah at Preqin Ltd., a research and consultancy firm focused on alternative assets.

Two of the funds raising capital this year are targeting mainly European markets, including the Light Industrial Building Fund managed by Bank of London and The Middle East, a £75 million ($123 million) Sharia-compliant vehicle for investing in sustainable light industrial property assets.

One "Asia and Rest of World-focused" fund, PLA Industrial IV, managed by Pramerica Real Estate Investors, is seeking $350 million for investments in the Brazil Industrial Triangle, an area in southeastern Brazil that includes Rio de Janeiro, São Paulo and Belo Horizonte.

The last time industrial-focused private equity funds raised anywhere close to their goal amount this year was in 2007, when eight funds reached a final close on $1.6 billion in aggregate commitments.

Fundraising for industrial property has been up and down since the mid-2000s. The sector saw just $800 million raised in 2006 before volume spiked in 2007, and fundraising fell to $700 million in 2008.

Overall, between 2005 and year-to-date 2011, "34 solely industrial-focused funds have held a final close, raising $9.3 billion in aggregate commitments from investors," said Miah in his research note. Of those funds, 17 were focused on the U.S., raising $3.9 billion, nine focused on Europe raised $1.2 billion, and eight "Asia and Rest of World focused" funds garnered $4.2 billion in commitments.

Write to Liz Enochs.

Friday, August 26th, 2011

The Department of Housing and Urban Development promised the country's largest mortgage banking trade group it would look into altering its recently extended minimum forbearance period for unemployed borrowers, which could result in higher reimbursements to servicers.

In July, HUD, the Federal Housing Administration and the Treasury Department told mortgage servicers participating in their programs to provide seriously delinquent unemployed borrowers a minimum one-year forbearance period. It was an increase from the previous four-month minimum in FHA programs and three-month requirement under the Home Affordable Modification Program.

The Mortgage Bankers Association expressed concern before the new policy went into place.

In June, the MBA sent a letter to FHA Acting Commissioner Carol Galante and Ginnie Mae President Ted Tozer, requesting a meeting. Smaller servicers would be put at a disadvantage under the new guidelines, the MBA said.

Servicers must advance scheduled principal and interest payments, escrows, taxes and insurance when borrowers do not make a monthly payment, under FHA and Ginnie Mae programs. Often, these companies finance the advances and must pay interest.

The FHA reimburses the servicer for advanced interest at what is called the debenture rate, which in the current market is less than the rate investors take on a mortgage-backed security guaranteed by Ginnie Mae.

If the loan goes into foreclosure, the servicer recovers a portion of those advances and none of the foreclosure expenses.

Larger servicers often buy the nonperforming loan out of the Ginnie Mae mortgage-backed securities pool to offset the lost interest. Smaller companies lack the funding to do this and take deeper losses on extended forbearance programs as a result.

"Many of the small servicers we talked with stated that the cost of the new forbearance program may force them out of the servicing business," the MBA wrote in its letter.

The huge trade group recommended the FHA reimburse servicers at the rate investors receive on the MBS, or the pass-through rate instead of the smaller debenture rate. MBA also asked Ginnie to exclude loans put into a longer forbearance from affecting the servicer's delinquency ratio. Ginnie can pull work from a servicer if its delinquency ratio rises too high.

After the MBA and roughly 15 smaller services met with Ginnie and the FHA on  Aug. 17, the trade group sent a letter to members explaining concerns and claimed to have obtained a commitment from HUD, pledging it would "devote staff to evaluating alternatives."

"FHA has met with the MBA and a group of smaller servicers to understand their concerns and discuss solutions," a HUD spokesman told HousingWire Friday. "No decision has been made as to whether we can or will make any changes, but we are looking into the issues they have raised."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, August 26th, 2011

Standard & Poor's is likely to report a 4.3% decline in June home prices year-over-year and a 1.2% increase from the previous month when it releases its June Case-Shiller Home Price Indices study next Tuesday, Zillow said Friday.

Zillow, an online real estate marketplace, released its forecast of the S&P Case-Shiller results on Friday, saying the S&P 10-City Composite Home Price Index for June could drop as much as 3.5% year-over-year while still increasing 1.2% from May.

Zillow's second-quarter home price report was released earlier this month, showing a 6.2% drop in 2Q from a year earlier and a slight 0.4% gain from the first quarter.

Declining home prices remain a consistent drag on the nation's overall economy, Federal Reserve Chairman Ben Bernanke said Friday. In a much-anticipated report from Jackson, Wyo., Bernanke noted volatile home prices are disrupting consumer spending.

"For example, the sharp declines in house prices in some areas have left many homeowners underwater on their mortgages, creating financial hardship for households and, through their effects on rates of mortgage delinquency and default, stress for financial institutions as well," Bernanke said in his speech to the nation. "Financial pressures on financial institutions and households have contributed, in turn, to greater caution in the extension of credit and to slower growth in consumer spending."

The S&P Case-Shiller report will be released Tuesday morning.

Write to: Kerri Panchuk.

Friday, August 26th, 2011

Consumer sentiment in the U.S. plunged to the lowest level in three years according to a Thomson Reuters/University of Michigan survey.

The final August reading on the survey fell to 55.7 from 63.7 in July and up slightly from the initial 54.9, which was the lowest since May 1980. The survey interviews 500 households each month to gauge consumer attitudes about the economy.

Federal Reserve Chairman Ben Bernanke addressed concerns about consumer sentiment in his economic update from Jackson Hole, Wyo. In a speech that highlighted the need for Congress to enact a sustainable economic policy to grow jobs and restore the housing sector, Bernanke said recent market turbulence is tied to declining consumer confidence in the U.S.

"Bouts of sharp volatility and risk aversion in markets have recently re-emerged in reaction to concerns about both European sovereign debts and developments related to the U.S. fiscal situation, including the recent downgrade of the U.S. long-term credit rating by one of the major rating agencies and the controversy concerning the raising of the U.S. federal debt ceiling," Bernanke said.

"It is difficult to judge by how much these developments have affected economic activity thus far, but there seems little doubt that they have hurt household and business confidence and that they pose ongoing risks to growth," he added.

Write to: Kerri Panchuk.

Friday, August 26th, 2011

The California Association of Realtors wants Gov. Jerry Brown to sign a bill that would increase accountability of licensees managing real estate sales offices.

The California Department of Real Estate currently cannot hold an office manager responsible for failing to supervise licensees in the office. Current law only allows the state regulator to hold the principal broker responsible, even in situations where that broker has delegated supervisorial responsibilities to an office manager.

"This bill will ensure that California consumers receive the protections to which they’re entitled when they walk into a real estate sales office," the CAR said.

Senate Bill 510, written by Sen. Lou Correa (D-Santa Ana), increases the responsibility and accountability of licensees managing real estate offices. Under the bill, a broker of record would be permitted to appoint an eligible real estate broker or salesperson to supervise branch office operations, provided a contract detailing the duties and responsibilities to be performed by the office manager is in writing and the state regulator is notified.

Principal brokers would remain accountable for their own supervisory responsibilities, but the bill would allow the DRE to discipline office managers for failure to supervise.

It also allows the state's real estate commissioner to suspend or revoke the license of an appointed licensee for failure to properly oversee and supervise operations.

The bill "will make office managers accountable if they fail to properly supervise their sales agents," according to CAR President Beth Peerce.

The bill passed the assembly floor Thursday by a vote of 57-11 and now goes to Gov. Brown.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Friday, August 26th, 2011

Federal Reserve Chairman Ben Bernanke said Friday housing remains a significant drag on the economy, and the Fed – while dedicated to helping the economy – can only do so much without Congress stepping up to the plate and implementing the right tax and fiscal policies.

Bernanke made those statements from Jackson Hole, Wyo., while attending the Fed's annual meeting. Notably missing from the speech was any mention of the possibility of another round of quantitative easing – or QE3.

Instead, the Fed Chair suggests policymakers should do more to stimulate job growth while adopting efficient fiscal policies.

"Notably, the housing sector has been a significant driver of recovery from most recessions in the United States since World War II, but this time–with an overhang of distressed and foreclosed properties, tight credit conditions for builders and potential homebuyers, and ongoing concerns by both potential borrowers and lenders about continued house price declines–the rate of new home construction has remained at less than one-third of its pre-crisis level," Bernanke said.

Bernanke said the chain effect has been detrimental to the overall economy since low home construction levels result in sagging balance sheets "not only for builders but for providers of a wide range of goods and services related to housing and homebuilding."

The Fed Chair said housing activity also is feeling the weight of tighter credit conditions for borrowers, resulting in adverse effects across the financial markets. As more homeowners end up underwater – or owning more on their homes than their worth – financial hardship is spreading further, impacting other areas of personal consumption, Bernanke said.

"Financial pressures on financial institutions and households have contributed, in turn, to greater caution in the extension of credit and to slower growth in consumer spending," Bernanke said.

The Fed Chair suggested several times in his speech that it's time for Congress to enact a disciplined fiscal plan to deal with taxes, skyrocketing expenses and future health care costs for an aging population. He also advised Congress to balance these needs against weak economic fundamentals.

"Notwithstanding the severe difficulties we currently face, I do not expect the long-run growth potential of the U.S. economy to be materially affected by the crisis and the recession if–and I stress if–our country takes the necessary steps to secure that outcome," Bernanke said. "Over the medium term, housing activity will stabilize and begin to grow again, if for no other reason than that ongoing population growth and household formation will ultimately demand it. Good, proactive housing policies could help speed that process."

Still, the Fed Chair sounded the alarm for Congress, saying the nation still lacks a sustainable, long-term fiscal plan.

"The quality of economic policymaking in the United States will heavily influence the nation's longer-term prospects," the Fed chair said. "To allow the economy to grow at its full potential, policymakers must work to promote macroeconomic and financial stability; adopt effective tax, trade, and regulatory policies; foster the development of a skilled workforce; encourage productive investment, both private and public; and provide appropriate support for research and development and for the adoption of new technologies."

The Dow Jones dropped 123 points soon after the Fed chair released his statements from Jackson Hole. It has since rebounded more than 40 points.

Write to: Kerri Panchuk.



Origination/Lending
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